In fact, I would motion to strike that portion asking for attny fees in their response. I doubt that attny fees are recoverable. Unless a statue says so, the american way is each party pays for their own. And perhaps your attny fees would be recoverable if successful ... examine your state statues to discover this.
A motion and memorandum of law highlighting why it should be stricken...
This really should be part of a counter-claim anyway, not just tacked on to the end of a response.
Oh, and it is a "suit" .. you have taken it to a quasi-judicial admin agency who will likely have a legal hearing on this matter.
Crack open the books on admin law in your state, evidence rules, and the agency's regulations if you wish a most favorable outcome to your case.

